As mothers in the middle of custody battles, it can be easy to be overconfident and think you'll win. But this is not always the case - mothers can actually lose custody of her child. In today's episode, I am joined once again by Sid, as we discuss four points that mothers do that costs them custody of their child!
Sunday, December 29, 2019
How Can A Mother Lose Custody Of Her Child?
As mothers in the middle of custody battles, it can be easy to be overconfident and think you'll win. But this is not always the case - mothers can actually lose custody of her child. In today's episode, I am joined once again by Sid, as we discuss four points that mothers do that costs them custody of their child!
Thursday, December 26, 2019
Managing Expectations in Your Child Custody Case
In this CTC Live, family law attorney Wendy Hernandez talks about working with your family law attorney to manage expectations in your custody case AND answer questions sent in my viewers!
Monday, December 23, 2019
Social Security Phone Scam PSA
Social Security takes protecting your personal information seriously. We want to warn you about telephone scammers pretending to be government employees. Do not be fooled!
Friday, December 20, 2019
How To Divorce Peacefully
Divorce is never easy but there is no reason for it to destroy both of you. Watch this video as Dr. Paul Jenkins enlightens you to go to a better option of having your divorce peacefully and specific ways on how you can do it.
Tuesday, December 17, 2019
Looking at the Best Interest of Your Child Objectively
Looking at the Best Interest of Your Child Objectively
Saturday, December 14, 2019
Navigating the Narcissist in Your Co-Parenting Relationship
Navigating the Narcissist in Your Co-Parenting Relationship
Wednesday, December 11, 2019
6 Holiday Stress Tips
The holidays are upon us! And with this joyous and festive season come the nerve-wracking anxiety and stress. But that doesn't have to happen this year! In today's episode, I'll be sharing six ways you can decrease your stress from the holidays, and enjoy it to the fullest with your loved ones!
Sunday, December 8, 2019
Five Factors That Determine The Outcome Of Divorce For Children
Going through a divorce is rough for all parties involved - especially the children. Unfortunately, kids are often stuck in this messy crossfire. But there are ways you can help your children better adjust to this process. Watch today's episode as I discuss five things you need to be mindful of, that affects your child's adjustment with your divorce!
Thursday, December 5, 2019
Monday, December 2, 2019
How To Have A Good Divorce
The end of any relationship is always tough, but getting divorced magnifies the struggles further. While we often see divorces turn nasty, whether witnessing it personally or on the media, it doesn't always have to go bad - all it takes are shifts in perspective. In today's episode, I'll be sharing tips on how you can come out of your divorce emotionally unscathed!
Friday, November 29, 2019
The Best Interest of YOUR Child Checklist | FREE DOWNLOAD
I talk about the best interest of the child factors a LOT because they are at the crux of every child custody case. I received an email this week that really touched my heart which is why I was inspired to talk about this again.
Tuesday, November 26, 2019
Handling the Holidays After Divorce || Mayim Bialik
Hey, it's Mayim, and some people thought I was weird for having a divorced family holiday gathering. My ex, our kids, my ex's girlfriend, her kids, her ex...it was a lot. But it also...wasn't? We know we're lucky to be able to have a civil meal together like this, and I don't take it for granted.
Saturday, November 23, 2019
Wednesday, November 20, 2019
Surviving The Holidays After Divorce Or Separation
You don't have to dread the upcoming holiday season!
Sunday, November 17, 2019
Thursday, November 14, 2019
Monday, November 11, 2019
Dealing With Parents' Divorce
Step aside parents, I'm talking to your older kids in this video. Heya kids! If you've recently found out that your parents are getting a divorce and are freaking out, then this video can surely be of help! Any form of disruption in the family, especially a divorce, can bring in a lot of anxiety to everyone, including yourself. So what do you do? In this video, I'm sharing with you the do's and don't's of dealing with your parents' divorce!
Friday, November 8, 2019
Winning A Custody Battle | Four Things You Must Do
With divorces comes another inevitable battle - getting custody of your child/ren. As a former custody examiner for the court, I've picked up several pointers on how to face this difficult and trying time. In this video, I'll be discussing FOUR tips on what you can do for you and your child/ren during a custody battle.
Tuesday, November 5, 2019
3 Things to Know When Appealing a Custody Case
Alex Falconi aka “The Proper Person” goes over the top 3 things that people should know when they're considering appealing a custody case.
Saturday, November 2, 2019
Annulment Versus Divorce
There are various ground upon which an annulment or a divorce could be granted by a court. The legal consequences could be very important, since an annulment basically erases a marriage, whereas a divorce simply terminates it.
Wednesday, October 30, 2019
How Parents Can Help Their Children Cope With Divorce
As tough as it can be on parents, divorce can also create a difficult time for children. Do you want to know how you could be of help to your kids? Find out here!
Sunday, October 27, 2019
Helping Your Child Cope With Separation And Divorce
Dr. Paul has only two messages for us when it comes to helping children cope with separation and divorce: it's never the child's fault and nobody knows exactly why it has happened. Stay tuned for the do's and dont's!
Thursday, October 24, 2019
Relocating Your Child Out of State Without the Court or the Other Parent's Permission
Relocating Your Child Out of State Without the Court or the Other Parent's Permission
Monday, October 21, 2019
How To Stay Positive While Going Through A Divorce
Divorce is tough and it's something we hope to never go through but staying positive no matter the situation is always a choice we are free to make.How do you stay positive while going through one of the toughest times of your life? Find out here.
Friday, October 18, 2019
Conscious Uncoupling: How To Have A Mindful Divorce | Nicole Black
Have you ever wondered if there was an emotionally easy way to get divorced? Divorce is a subject that doesn’t usually conjure up images of happily, ever after. In this casual, funny talk, author Nicole Black uses fairy tales and her version of C.P.R. to describe a three-step process to consciously uncouple. A talk that reminds all of us that mindfulness is important and why consciously uncoupling for their children’s sake is the answer for couples faced with divorce.
Tuesday, October 15, 2019
Relocating Your Child Out of State Without the Court or the Other Parent's Permission
Relocating Your Child Out of State Without the Court or the Other Parent's Permission
Saturday, October 12, 2019
Thank You Divorce! | Shawn Bradford
How divorce opened my eyes to my unhealthy relationship patterns and ultimately led to a reunion with my ex and a deeper connection with myself.
Wednesday, October 9, 2019
The Top Three Things You Must Do in Your Child Custody Case
The Top Three Things You Must Do in Your Child Custody Case
Sunday, October 6, 2019
4 Ways To Fix A Dying Marriage Before It's Too Late
4 Ways To Fix A Dying Marriage Before It's Too Late
Thursday, October 3, 2019
Monday, September 30, 2019
Friday, September 27, 2019
Annulment Versus Divorce
There is various grounds upon which an annulment or a divorce could be granted by a court. The legal consequences could be very important, since an annulment basically erases a marriage, whereas a divorce simply terminates it.
Tuesday, September 24, 2019
Saturday, September 21, 2019
Thinking Beyond the Immediate Win in Your Child Custody Case
Thinking Beyond the Immediate Win in Your Child Custody Case
Wednesday, September 18, 2019
Simplify Evidence in Your Custody Cases Using Summaries | Rule of Evidence
There is a rule of evidence 1006 that allows you to make summary documents if you have "voluminous' evidence which is basically a summary of underlying documents.
Sunday, September 15, 2019
Tips on Proving Parental Alienation Syndrome in Custody Court
Wendy Hernandez, family law attorney talks about her experience with parental alienation and some tips on proving parental alienation in court including using texts in a child custody case.
She also talks about using texts as evidence in court.
Thursday, September 12, 2019
Monday, September 9, 2019
The Other Side of Infidelity | Dr. Kevin Skinner
Have you or someone close to you experienced infidelity? Infidelity is not going to go away, Dr. Kevin Skinner poses the question, will we rise up as a society and help those suffering from the trauma of sexual betrayal?
Friday, September 6, 2019
Tuesday, September 3, 2019
Best Way to Present Voicemail & Text Evidence in Custody Trial
Question: Wendy, I'm helping my boyfriend of almost 4 years prepare for a child custody battle. We have a chronological journal and many voice memos of the mother's typical curse laced rants on tape.
Saturday, August 31, 2019
Rules of Disclosure in Divorce, Child Support & Custody Cases
Rules of Disclosure in Divorce, Child Support & Custody Cases
Wednesday, August 28, 2019
Joint Custody vs Equal Parenting Time
This comes up a lot in my practice. People come in to see me and they tell me I want joint custody and I don't think that they realize there are two aspects to custody. There is the legal aspect of custody and is there is the physical aspect of custody.
Sunday, August 25, 2019
Thursday, August 22, 2019
Social Security Disability - 11 Tips For A Successful Claim
More than 3 million Americans receive Social Security disability benefits every year, but, for most of them, it was a long struggle to get those benefits. According to the Social Security Administration, 12 million people apply for Social Security disability benefits every year. However, it is estimated that 70% of those claims are denied during the very first application process.
The Social Security disability process can be a long and tedious one. On average, an initial claim takes 4-6 months to process. And, if you're rejected and have to go through the entire appeals process, your case could drag on for as long as a year and half.
So, how can you increase your chances of having a successful Social Security disability claim on the first try? Start by following these 11 tips:
1. Learn everything that you can about the Social Security disability application process before you turn in your application. Find out exactly what you can expect.
2. File your Social Security disability claim right away. Since even successful claims can take months to process, you will want to get the ball rolling as soon as possible. That way, you stand a better chance of getting your much-needed Social Security disability benefits sooner.
3. File your Social Security disability paperwork very carefully. A huge number of disability claims are denied right off the bat because the forms were not filled out properly. Answer every question on the forms; leaving something blank can get your claim denied. If you need assistance, don't be afraid to ask someone to help you.
4. Your disability claim will be totally judged on your medical records, so be sure to get ongoing medical treatment. If you do not keep seeing your doctor, your examiner may argue that there are not enough medical records to support your claim. Or, you may have trouble getting your doctor to verify the severity of your condition if he has not seen you in a while.
5. Send copies of all of your medical records in with your Social Security disability application. You want to make sure that the examiner in charge of your case has all of the information. If you do not include your medical records, the examiner will have to call your doctor and get the records himself. That's something that could delay your case for months. Or, worse, if the doctor's office overlooks something, your examiner may not get all of the important information he needs to make a fair decision.
6. Bring up everything that is wrong with you, including mental conditions. Your examiner needs all of the information. For example, if you have memory problems on top of your physical impairment, it may make it even tougher for you to perform basic work.
7. Ask your doctor to write a letter on your behalf. Most doctors will not say that a patient is 100% disabled, but they can talk about why you cannot work. For example, they may say that you are unable to sit, stand, bend, or walk.
8. Keep tabs on your examiner. Call Disability Determination Services - not the Social Security Administration - for updates on your case. DDS is the organization that will handle your initial claim and do your medical evaluation. They are best equipped to handle your questions.
9. Do not assume that DDS knows everything. If a new medical condition arises during the course of your claim, tell your examiner. Or, if you have to go in for a disability interview, do not leave anything out.
10. Respond to any letters promptly. Not doing so can get your claim denied. DDS may send you a letter saying that you have to come in for a medical exam with an independent, third-party doctor. Not going to the appointment puts your claim at risk.
11. Hiring a Social Security disability attorney greatly improves your chances of getting your disability claim approved on the first try. A good lawyer will file all of the paperwork, make sure that you do not miss any deadlines, and pass on any updates to your examiner.
The Social Security disability process can be a long and tedious one. On average, an initial claim takes 4-6 months to process. And, if you're rejected and have to go through the entire appeals process, your case could drag on for as long as a year and half.
So, how can you increase your chances of having a successful Social Security disability claim on the first try? Start by following these 11 tips:
1. Learn everything that you can about the Social Security disability application process before you turn in your application. Find out exactly what you can expect.
2. File your Social Security disability claim right away. Since even successful claims can take months to process, you will want to get the ball rolling as soon as possible. That way, you stand a better chance of getting your much-needed Social Security disability benefits sooner.
3. File your Social Security disability paperwork very carefully. A huge number of disability claims are denied right off the bat because the forms were not filled out properly. Answer every question on the forms; leaving something blank can get your claim denied. If you need assistance, don't be afraid to ask someone to help you.
4. Your disability claim will be totally judged on your medical records, so be sure to get ongoing medical treatment. If you do not keep seeing your doctor, your examiner may argue that there are not enough medical records to support your claim. Or, you may have trouble getting your doctor to verify the severity of your condition if he has not seen you in a while.
5. Send copies of all of your medical records in with your Social Security disability application. You want to make sure that the examiner in charge of your case has all of the information. If you do not include your medical records, the examiner will have to call your doctor and get the records himself. That's something that could delay your case for months. Or, worse, if the doctor's office overlooks something, your examiner may not get all of the important information he needs to make a fair decision.
6. Bring up everything that is wrong with you, including mental conditions. Your examiner needs all of the information. For example, if you have memory problems on top of your physical impairment, it may make it even tougher for you to perform basic work.
7. Ask your doctor to write a letter on your behalf. Most doctors will not say that a patient is 100% disabled, but they can talk about why you cannot work. For example, they may say that you are unable to sit, stand, bend, or walk.
8. Keep tabs on your examiner. Call Disability Determination Services - not the Social Security Administration - for updates on your case. DDS is the organization that will handle your initial claim and do your medical evaluation. They are best equipped to handle your questions.
9. Do not assume that DDS knows everything. If a new medical condition arises during the course of your claim, tell your examiner. Or, if you have to go in for a disability interview, do not leave anything out.
10. Respond to any letters promptly. Not doing so can get your claim denied. DDS may send you a letter saying that you have to come in for a medical exam with an independent, third-party doctor. Not going to the appointment puts your claim at risk.
11. Hiring a Social Security disability attorney greatly improves your chances of getting your disability claim approved on the first try. A good lawyer will file all of the paperwork, make sure that you do not miss any deadlines, and pass on any updates to your examiner.
Article Source: http://EzineArticles.com/5293449
Monday, August 19, 2019
6 Tips To Finding The Best Divorce Attorney
It is a fact that all marriages don't last forever. When you think that the divorce is the only option left to live a stress free life, then it is important for you choose the right Divorce attorney who has a wide array of knowledge to best satisfy both you and the other party.
We would like to mention some of the key points that can help you find the right divorce attorney.
1. The Experience Of The Divorce Attorney - You must understand that the Law offices, which have been in this particular business for several years will only use the lawyers who have a great experience in this particular field of law.
It would be an icing on the cake, if you found the lawyer that has handled cases like yours. So, it is very important to find the lawyer that has a minimum of five years in handling divorce cases.
2. Proficiency Of The Divorce Attorney - A well-qualified lawyer will always be trained in various fields related to the divorce. The fields in which he/she is more likely to have skill are, obtaining child and spousal support, division of property, legal counseling, enforcement orders, etc.
3. Referrals Given By The Divorce Attorney - This is also an important point because if the lawyer is reluctant to give you any referrals, then he/she is hiding something from you.A reliable lawyer will have no problem giving you the referrals.
He/she is not able to show the details of the cases that he/she has handled, but he/she can certainly ask those clients to testify on his/her behalf. You should also make sure that the referrals given by the lawyer are not that old.
4. The Reviews Given By The Previous Clients - We are living in the world, where everything get done online. Many divorce attorneys have their own website, so if you are about to complete things with someone, then you should take a look at his/her website. If there are more positive reviews on the website, then you can consider finalizing the deal with that lawyer.
There are many people who like to post their experiences at the time of their divorce. You should not restrict yourself to just one opinion. Instead, you have to check out a good amount of websites to be sure about the lawyer you are about to hire.
5. Check Out The Accessibility - This is another important point to consider when researching your divorce attorney. You should try to find out how accessible your divorce attorney is. How quickly does he/she responds to phone calls and emails? How quickly can you schedule meetings with him/her?
You will not want to wait for several days, if its urgent matter to discuss. If it's an urgent matter, you should not have to wait several days. A good lawyer will always have an alternative to help his/her client, if he/she is not there to attend them. An assistant or maybe a fellow lawyer will take care of the proceedings until he/she reaches back.
6. Trustworthy - You can't skip this point. It is important for you are comfortable with the lawyer. If you have any issues about his/her working or behavior, then you have to either tell him/her about that or switch to another lawyer. A good, honest and sensitive lawyer will take care of all the needs of his/her clients.
These points will help you find the best divorce attorney for your case. A good lawyer will not just make a strong case, but it will present your case in a great way in front of the court.
We would like to mention some of the key points that can help you find the right divorce attorney.
1. The Experience Of The Divorce Attorney - You must understand that the Law offices, which have been in this particular business for several years will only use the lawyers who have a great experience in this particular field of law.
It would be an icing on the cake, if you found the lawyer that has handled cases like yours. So, it is very important to find the lawyer that has a minimum of five years in handling divorce cases.
2. Proficiency Of The Divorce Attorney - A well-qualified lawyer will always be trained in various fields related to the divorce. The fields in which he/she is more likely to have skill are, obtaining child and spousal support, division of property, legal counseling, enforcement orders, etc.
3. Referrals Given By The Divorce Attorney - This is also an important point because if the lawyer is reluctant to give you any referrals, then he/she is hiding something from you.A reliable lawyer will have no problem giving you the referrals.
He/she is not able to show the details of the cases that he/she has handled, but he/she can certainly ask those clients to testify on his/her behalf. You should also make sure that the referrals given by the lawyer are not that old.
4. The Reviews Given By The Previous Clients - We are living in the world, where everything get done online. Many divorce attorneys have their own website, so if you are about to complete things with someone, then you should take a look at his/her website. If there are more positive reviews on the website, then you can consider finalizing the deal with that lawyer.
There are many people who like to post their experiences at the time of their divorce. You should not restrict yourself to just one opinion. Instead, you have to check out a good amount of websites to be sure about the lawyer you are about to hire.
5. Check Out The Accessibility - This is another important point to consider when researching your divorce attorney. You should try to find out how accessible your divorce attorney is. How quickly does he/she responds to phone calls and emails? How quickly can you schedule meetings with him/her?
You will not want to wait for several days, if its urgent matter to discuss. If it's an urgent matter, you should not have to wait several days. A good lawyer will always have an alternative to help his/her client, if he/she is not there to attend them. An assistant or maybe a fellow lawyer will take care of the proceedings until he/she reaches back.
6. Trustworthy - You can't skip this point. It is important for you are comfortable with the lawyer. If you have any issues about his/her working or behavior, then you have to either tell him/her about that or switch to another lawyer. A good, honest and sensitive lawyer will take care of all the needs of his/her clients.
These points will help you find the best divorce attorney for your case. A good lawyer will not just make a strong case, but it will present your case in a great way in front of the court.
Article Source: http://EzineArticles.com/8959076
Friday, August 16, 2019
What If My Child Wants Live With Me? | Best Interest Factors
Let’s talk the child’s wishes and how much weight that has in a custody case. What if your child wants to live with you?
Tuesday, August 13, 2019
Can I Share Child Custody Without A Court Order?
Can you share child custody without a court order? The answer is yes you can and I've had many clients who successfully shared custody with the other parent without a court order. It is possible for two people who have low conflict who are able to talk through their disputes and have great communication. I've seen it happen. There are dangers in sharing custody without a court order and when people come to me I try to tell them that a court order protects them.
Saturday, August 10, 2019
Wednesday, August 7, 2019
Sunday, August 4, 2019
Thursday, August 1, 2019
Monday, July 29, 2019
Annulment Versus Divorce
There are various grounds upon which an annulment or a divorce could be granted by a court. The legal consequences could be very important, since an annulment basically erases a marriage, whereas a divorce simply terminates it.
Friday, July 26, 2019
How Anger Impacts Your Relationships: Les Carter
Is your anger toward your ex affecting your friends and family? In this video, DivorceCare expert Dr. Les Carter shares strategies for dealing with emotions of hate and bitterness that protect you and preserve your relationships.
Tuesday, July 23, 2019
Saturday, July 20, 2019
Enforcing Child Support Against An Out-Of-State Parent
Enforcing Child Support Against An Out-Of-State Parent
Wednesday, July 17, 2019
Modifying, Changing, Or Enforcing A Court Order In A Family Court
Modifying a family court order and enforcing a family court order are two different things but both are very important aspects of family law in America. Knowing what to do with a family court order differentiates a court order from a normal piece of paper. A court order carries with it the full faith and credit of the State or Federal Court and its laws. Violating one whether it's a family court order or civil court, can carry very serious consequences.
While modifying a court order varies from state to state, the principle is of modifying an order is universal, sometimes thing change and a court order must be changed to reflect this change. For example, if a person was ordered to pay $500 per week in alimony but five years later, that person suffers a bad accident rendering him or her unable to work, that situation calls for a modification of the original order or the person will be saddled with debt or be held in contempt for violating the order. Either situation is not good. The family courts in our country are also skilled in determining whether someone seeks a modification willfully and not because of a true change of circumstance like the example above.
- What is the nature of the change that warrants a modification? Some family courts will not even consider your claim if it is shown to be a temporary change. The next question is, what is temporary and what is not? If someone becomes unemployed, how is that person to know whether it is short term or long term? The longer the person waits, the more he or she becomes backed up with money he or she owes stemming from the breach. Before sprinting to the local family court, it is wise to do research about the local laws and/or hire a local attorney who can advise you if it is worth pursuing or not. If the change is permanent, trying to modify the order as soon as possible is wise and will prevent a person from falling far behind in payments. While you may not get a court date for several weeks, at least you have let the court know that you have an issue and you need to be heard. Nobody can help you if you do not tell anybody so contact your local lawyer right away or if you are savvy enough, file right away.
- I have a family court order for weekly alimony but the opposing side does not abide by it, does not care, what can I do?Once you have an order, you have the power to enforce it by bringing the breach to the court's attention. Again, a court does not know if someone is not honoring the law unless someone tells them. By filing an enforcement motion or enforcement application with the order attached to it, a person has the right to seek the enforcement of the order, to seek lawyer's fees that they paid their lawyer to bring the enforcement action, sanctions, fines, and/or to be found to be in contempt of court and in some cases sit in jail. If the person who owes you the alimony refuses to pay, the Judge can order that the amount be garnished from his or her wages each pay period, can order that any tax refund he or she receives be intercepted and given to you, can order that if he or she receives any rents or business income that someone be put in place to collect the funds and pay you the money that is owed to you.
- In short, with an order, the court has many tools available to it that can help a person get what is owed to them. So if and when you get a court order, keep it in a secure place and be ready to use it if someone does not follow the order as soon as you can because there is a reason why the Judge ordered it in the first place.
Article Source: http://EzineArticles.com/8738417
Sunday, July 14, 2019
Family Law : Managing Financial Records for Checking Accounts During a Divorce
When managing financial records during a divorce, make sure that expenditures are accurately recorded in a checkbook. Find out how to demonstrate the source of money spent and deposited with help from a certified family mediator in this free video on family law and divorce.
Thursday, July 11, 2019
Joint Custody and Equal Parenting Time Are Not The Same Thing
This comes up a lot in my practice. People come in to see me and they tell me I want joint custody and I don't think that they realize there are two aspects to custody. There is the legal aspect of custody and is there is the physical aspect of custody.
People often come in and they say I want equal custody or joint custody and they don't realize that there's more to custody than just that legal aspect. There's also the parenting time aspect and we're often than not when people come into me they say that they want joint custody they're referring to they want equal time or joint parenting time.
A person can have joint custody with the other parent and it doesn't mean that they get equal parenting time. A person can have sole custody of the children and still share equal parenting time with the other parent. So joint custody doesn't necessarily mean equal parenting time
Monday, July 8, 2019
Friday, July 5, 2019
How Much Information Should I Share About My Divorce With My Children?
How much information should I share about my divorce with my children?
Tuesday, July 2, 2019
Workers Compensation For Mental Health Injuries
If you suffer from a mental health injury, such as post-traumatic stress syndrome or depression, then you know that a mental health injury can be every bit as debilitating as a physical injury. In many states, you can receive workers compensation for mental health injuries incurred on the job.
Saturday, June 29, 2019
Step Parent Adoption
If you are remarried and do not have a relationship with the other biological parent, you may be wondering if step-parent adoption is an option and how it works, among other things. Step-parent adoption represents a great chance for both you and your child (or children) to enjoy the increased security that comes with this legal arrangement. Studies have shown that there are tremendous psychological and emotional benefits to this type of family structure.
Simply put- a step parent adoption completely extinguishes the rights of the other biological parent and the step-parent becomes the legal parent of your child. In the event something were to ever happen to you, it would be the step-parent that would take guardianship of the child. While a step-parent adoption is not as complicated as other types of adoption, it is still a legal process that an experienced adoption attorney should help you with. This is especially true if there are issues with the biological parent, you are a same sex couple or you are in a situation where you each want to adopt children.
State laws vary by state and the sooner you get in touch with an attorney, the sooner you can celebrate this very exciting event.
Wednesday, June 26, 2019
Sunday, June 23, 2019
Thursday, June 20, 2019
Monday, June 17, 2019
Why Relationships End: Breakup Survey Results REVEALED
Why Relationships End: Breakup Survey Results REVEALED
Friday, June 14, 2019
Divorce Advice : What Is A Petition For Divorce?
A petition for divorce is the initial pleading that a spouse files to start the whole divorce process. Learn about divorce petitions and if jurisdictional requirements are met with tips from a certified family mediator in this free video on divorce and relationships.
Tuesday, June 11, 2019
6 Tips That Will Help You Understand Child Support
Whether you are going through a divorce or just separating from your partner, you'll need to make child support arrangements for any children that you share. The few tips listed below will help you successfully navigate the system.
Determine Who Will Have Primary Custody
Primary custody does not mean sole custody. It simply refers to the parent the child will spend the majority of their time with. For example, if a child spends school days with mom and weekends with dad, then the mother would be listed as the primary custodian, even though both parents are sharing joint custody. This is one factor the judge will look at when determining monetary support obligations.
Prepare an Income Statement
Another factor in deciding the amount of funds to be set aside for the care of a child is how much each parent currently makes at his or her job. The judge will want to see evidence, so take the time to create an income statement that accurately reflects your wages.
Seek Legal Representation
Although you can file for child support without hiring a lawyer, it is not recommended. Seeking legal counsel is the best way to ensure that your child gets adequate support if you are the primary custodian. On the other side, an attorney is knowledgeable about how much money is fair so that you don't end up paying above what is reasonable.
Make Adjustments if Necessary
An order of support is not set in stone. If either party experiences a change in income, or one parent begins to take over the majority of the care of the child, an adjustment can be made. Your lawyer can help you get an adjustment if one is warranted.
An Order Doesn't Necessarily Stop at Age 18
It is a common assumption that child support stops once a minor turns 18, however, this is not always the case. The order can actually remain in effect until a child finishes school, which includes up to five years in college. There are other exceptions to this as well, such as a child who suffers from a disability that renders him or her unable to work.
Take Steps to Enforce the Order
Should the non-custodial parent fail to pay the amount ordered by the judge, there are steps you can take to have the child support agreement enforced. First, you can call the case manager that has been assigned to you and request a delinquency notice. Second, if the delinquency notice is not heeded, you can request a warrant for non-payment of support. Keep in contact with your case manager, and remember that he or she is there to work on behalf of your son or daughter.
Laws are changing all the time, so it is important that you check with your legal representative before requesting aid from the court system. Also, your lawyer will better be able to explain to you the complex formulas used by courts to determine the monetary amounts sufficient for the raising of your child.
Determine Who Will Have Primary Custody
Primary custody does not mean sole custody. It simply refers to the parent the child will spend the majority of their time with. For example, if a child spends school days with mom and weekends with dad, then the mother would be listed as the primary custodian, even though both parents are sharing joint custody. This is one factor the judge will look at when determining monetary support obligations.
Prepare an Income Statement
Another factor in deciding the amount of funds to be set aside for the care of a child is how much each parent currently makes at his or her job. The judge will want to see evidence, so take the time to create an income statement that accurately reflects your wages.
Seek Legal Representation
Although you can file for child support without hiring a lawyer, it is not recommended. Seeking legal counsel is the best way to ensure that your child gets adequate support if you are the primary custodian. On the other side, an attorney is knowledgeable about how much money is fair so that you don't end up paying above what is reasonable.
Make Adjustments if Necessary
An order of support is not set in stone. If either party experiences a change in income, or one parent begins to take over the majority of the care of the child, an adjustment can be made. Your lawyer can help you get an adjustment if one is warranted.
An Order Doesn't Necessarily Stop at Age 18
It is a common assumption that child support stops once a minor turns 18, however, this is not always the case. The order can actually remain in effect until a child finishes school, which includes up to five years in college. There are other exceptions to this as well, such as a child who suffers from a disability that renders him or her unable to work.
Take Steps to Enforce the Order
Should the non-custodial parent fail to pay the amount ordered by the judge, there are steps you can take to have the child support agreement enforced. First, you can call the case manager that has been assigned to you and request a delinquency notice. Second, if the delinquency notice is not heeded, you can request a warrant for non-payment of support. Keep in contact with your case manager, and remember that he or she is there to work on behalf of your son or daughter.
Laws are changing all the time, so it is important that you check with your legal representative before requesting aid from the court system. Also, your lawyer will better be able to explain to you the complex formulas used by courts to determine the monetary amounts sufficient for the raising of your child.
Article Source: http://EzineArticles.com/9334941
Saturday, June 8, 2019
Workers' Compensation Attorney: Understanding The Process And When To Hire A Lawyer
If you get hurt at work, you are traditionally covered by workers' compensation insurance. There are, however, some things that you have to do to ensure that the medical bills are paid by your insurance plan instead of out of your pocket. In some cases, you may need to enlist the help of a workers' compensation attorney, who specializes in these types of proceedings.
Understanding the Process
To know when to get help, you must first understand what types of injuries are eligible for coverage. The injury must occur while on the job during regular or overtime duties. If it occurs during lunch or regular breaks, it is not always covered because you are not supposed to be working during those times. The impairment must be something that is related to your job performance.
In order for insurance to cover cumulative injuries, such as carpal tunnel or back injuries due to sitting or standing, they must be filed in a timely manner. These injuries are hard to prove just based on an x-ray or a medical exam. Unless there is accurate medical documentation, some companies treat these complaints as suspect. Employees then have a harder time getting the company to take care of any medical bills.
In order to increase your chances of approval, you do not want to wait to file a claim. Filing early, however, does not guarantee that you will be approved for compensation. If you are denied, you can appeal the decision and this is where a qualified workers' compensation attorney is your best ally.
Meeting with your lawyer
When you meet with your lawyer you need to explain the circumstances of your injury. Explain all the steps that you took to have the injury documented. You should also tell them how soon you filed and provided copies of all documentation.
At this time, he or she will give you information on your options. You may end up in court or there could be a negotiation set up between you and the business's insurance company. Your lawyer will be with you for any of the proceedings.
Some employers do not carry the recommended insurance to help cover costs in the event of workplace injury. If this is the case, your workers' compensation attorney can help you negotiate a settlement in which your employer will reimburse you for medical expenses related to the injury.
There are times this may go to court and end with you suing for a settlement. The entire process is different as there may be no formal documentation filed with your employer.
Workers' compensation attorneys can also help if you have been fired due to an injury. Workplace injuries cannot be the reason for being let go and you can sue for wrongful termination. While you most likely get your job back, you can be compensated for lost wages until such time as you can obtain a new job.
Because laws vary from state to state it may be in your best interest to contact a workers' compensation attorney before you submit any paperwork to ensure that it is correctly completed. This helps ensure that the application for insurance reimbursement is approved and avoids a long legal proceeding.
Understanding the Process
To know when to get help, you must first understand what types of injuries are eligible for coverage. The injury must occur while on the job during regular or overtime duties. If it occurs during lunch or regular breaks, it is not always covered because you are not supposed to be working during those times. The impairment must be something that is related to your job performance.
In order for insurance to cover cumulative injuries, such as carpal tunnel or back injuries due to sitting or standing, they must be filed in a timely manner. These injuries are hard to prove just based on an x-ray or a medical exam. Unless there is accurate medical documentation, some companies treat these complaints as suspect. Employees then have a harder time getting the company to take care of any medical bills.
In order to increase your chances of approval, you do not want to wait to file a claim. Filing early, however, does not guarantee that you will be approved for compensation. If you are denied, you can appeal the decision and this is where a qualified workers' compensation attorney is your best ally.
Meeting with your lawyer
When you meet with your lawyer you need to explain the circumstances of your injury. Explain all the steps that you took to have the injury documented. You should also tell them how soon you filed and provided copies of all documentation.
At this time, he or she will give you information on your options. You may end up in court or there could be a negotiation set up between you and the business's insurance company. Your lawyer will be with you for any of the proceedings.
Some employers do not carry the recommended insurance to help cover costs in the event of workplace injury. If this is the case, your workers' compensation attorney can help you negotiate a settlement in which your employer will reimburse you for medical expenses related to the injury.
There are times this may go to court and end with you suing for a settlement. The entire process is different as there may be no formal documentation filed with your employer.
Workers' compensation attorneys can also help if you have been fired due to an injury. Workplace injuries cannot be the reason for being let go and you can sue for wrongful termination. While you most likely get your job back, you can be compensated for lost wages until such time as you can obtain a new job.
Because laws vary from state to state it may be in your best interest to contact a workers' compensation attorney before you submit any paperwork to ensure that it is correctly completed. This helps ensure that the application for insurance reimbursement is approved and avoids a long legal proceeding.
Article Source: http://EzineArticles.com/9170171
Wednesday, June 5, 2019
Sunday, June 2, 2019
How Much Information Should I Share About My Divorce With My Children?
How much information should I share about my divorce with my children?
Thursday, May 30, 2019
How To: Get a Benefit Verification Letter
Do you know how to get an income verification letter or benefit verification letter from Social Security? Just log in to my Social Security to get instant access to your benefit verification letter.
Monday, May 27, 2019
How NOT to Prepare for Your Child Custody Trial
If you're getting ready for a child custody trial one of the first things you have to do is read the minutes where your court sets the trial. Make sure you are aware of all of the judges requirements going into that trial.
When you're getting ready for your trials you cannot ignore the court orders. You have to read all of the minutes in your case especially the minutes where the judge set your trial. Chances are in those minutes the judge is going to give you very important information about what the judge wants to see happen prior to trial.
This doesn’t just apply to final hearings, it applies to any evidentiary hearing, a temporary hearing, an emergency hearing or an order protection hearing.
Some things the judge might include in these court orders:
-Deadlines for filing pretrial statements
-What to include in pretrial statements
-Deadlines for submitting exhibits
-Deadlines for disclosure & discovery
-Deadlines for disclosing witness
-What will happen if you default
Friday, May 24, 2019
Tuesday, May 21, 2019
2 Things You Must Do to Prepare for Your Child Custody Trial
I want to talk about the two things that you have to do to prepare for your child custody trial.
Saturday, May 18, 2019
How to Get Over The End of a Relationship | Antonio Pascual-Leone
Have you had an important relationship end and felt a bit stuck on how to move on? Clinical psychologist Dr. Antonio Pascual-Leone calls this “emotional baggage” or “unfinished business” and speaks about a 3-step process that could help you wrap things up and “finish the feeling”. Antonio is a clinical psychologist and associate professor at the University of Windsor, where he trains psychotherapists and is the director of the Emotion Change Lab.
Wednesday, May 15, 2019
Sunday, May 12, 2019
9 DIY Mother’s Day Gift Ideas - HGTV Handmade
It’s Mother’s Day, and these 9 DIY gift ideas will make any mom happy!
Thursday, May 9, 2019
Fathers' Custody Rights
Fathers often face uphill battles when it comes to obtaining joint custody rights with the mother of the child. While biases that favor giving custody to the mother have faded, fathers may still have to work harder to protect their legal rights in some cases.
Monday, May 6, 2019
Three Family Law Cases Where A Child Custody Attorney Is Necessary
There are some family law cases that may affect a child's legal rights. Most parents are eager to know if they will live with their child or if they will have a role in raising them. Although the cost is a factor in such cases, enlisting the help of a child custody attorney will help protect the rights of all parties involved. Here are cases in which legal help is recommended to come to a mutual consensus.
1. Divorce Cases
In divorce cases, parents wonder how the visitation and support issues will get resolved. Some important points that come up include financial support, property division, and visitation. These factors determine the right approach to resolving the legal issues. In this situation, a lawyer helps the divorcing couple to reach an agreement that will benefit their kids. The couple may opt for an informal settlement negotiation or mediation with the help of a lawyer. If this fails to work, they may want to bring the case to a court of law where a judge can evaluate the case.
2. Unmarried Parents Cases
There are also cases where the parents are unmarried. In most states, the legal rights are usually awarded to the mother. However, the father can take a legal action to get some form of visitation and guardianship rights as well. The legal approach for divorce cases still applies to unmarried parents cases. The parents can decide to talk to a child custody attorney and reach an agreement. If the mother is reluctant, then the father is free to proceed to take the case to court. Unlike divorce cases, the resolution for unmarried parents is uncomplicated as there are no factors such as property division and spousal support.
3. Non-Parental Cases
Also known as third-party custody, non-parental cases are types of cases where other people aside from the biological parents may want to obtain the guardianship rights. Such people may include close family friends, uncles, aunts, and grandparents. The state usually provides the correct approach that these people can use to claim custody. A person can seek the help of a lawyer when filling the non-parental petition with a family court. The petition should address three important questions: the person's relation to the child, the state of the biological parents (living or dead) and the reason for claiming guardianship. If the parents are living, they must be issued with a copy of the petition.
Custodial cases can be complicated if the parents are unwilling to reach a mutual resolution. For this case, a child custody attorney will help address all the concerns regarding support and visitation. If either parent or both decides to take the matters before a family court, a lawyer will assist the parent in the legal process and the options they have after a court's verdict. Additionally, getting legal help in such cases helps to ensure that the children will always have the support they need.
Article Source: http://EzineArticles.com/9527085
Friday, May 3, 2019
Disrupting The Divorce Experience. Defining Your Next Chapter.
When faced with the life-altering reality of a marriage ending, everything seems dire. After encountering this herself, Sadie Bjornstad set off to understand why the divorce process is so isolating and clouded with negativity. What’s more, she seeks to establish clarity in how to shape life after divorce. Her research has led her to meet with women across the country and uncover common themes to their experiences.
Tuesday, April 30, 2019
How To Deal With Grief During A Divorce Separation
How to Deal With Grief During a Divorce Separation. Part of the series: Life Skills. Grief over the loss or separation of a loved one can usually be classified into sadness and is more severe if it turns out to be depression. Determine how to deal with grief from a licensed mental health counselor in this free video on life skills.
Saturday, April 27, 2019
Getting A Divorce With Kids: What Parents Need To Know
Going through a divorce and worried about the impact it will have on your kids? Parents play an important role in how a child copes with divorce. Dr. Dehra Harris offers her suggestions for managing the impact of divorce on kids. Divorce is stressful, but it doesn’t have to be traumatic. When navigating a divorce, prioritize open and honest communication to help make children feel as comfortable as possible.
Wednesday, April 24, 2019
Statutes and Rules of Procedure in Family Law Cases
Statutes and Rules of Procedure in Family Law Cases
Sunday, April 21, 2019
Easter Dinner Ideas | Holiday Recipes | Food & Wine
Cooking for a crowd can be intimidating, but with this collection of decadent recipes, you're sure to impress your guests on any occasion.
Thursday, April 18, 2019
Monday, April 15, 2019
Hodson & Mullin’s Workers’ Compensation
Hodson & Mullin’s Workers’ Compensation and Social Security Disability practice areas are overseen by founding partner, Samuel C. Mullin III, CWCS. Mr. Mullin is Certified a Workers Compensation Specialist by the State Bar Board of Legal Specialization and has repeatedly been named a Northern California “Super Lawyer.” In years past, Mr. Mullin served as Assistant Suisun City Attorney, as a federal prosecutor for the U.S. Air Force, and he is a retired U.S. Air Force Reserve Judge Advocate colonel.
Social Security Disability and California Workers’ Compensation laws are very complex and easily confusing, and frequent changes in the law can make navigating through the claims processes even more difficult. At Hodson & Mullin, our clients are informed of their legal rights regardless of whether they have suffered an industrial injury in California, are seeking disability benefits through the Social Security Administration, or both.
While adjusters work for insurance companies, Hodson & Mullin works for you! – our injured and disabled clients. We ensure you know the rights and benefits applicable to your case, such as medical treatment for job-related injuries or illnesses, physical therapy, lifetime medical care options, vocational rehabilitation, temporary and permanent disability payments, death benefits and settlements, depending on the extent of the injury and other factors.
Make no mistake – the Workers Compensation and Social Security Disability processes can be agonizingly slow, as can the course of medical treatment. Hodson & Mullin’s attorneys and staff advocate zealously on each clients’ behalf with Workers’ Compensation insurance carriers, and if necessary, before the Workers’ Compensation Appeals Board. In some cases, Hodson & Mullin also pursue personal injury or other third party cases on behalf of injured Workers’ Compensation clients. We have a track record of integrity in helping our clients get the best settlement they are able to under the law. Hodson & Mullin is Solano County’s largest and busiest Workers Compensation and Social Security Disability firm. Our attorneys and staff have the knowledge and expertise to handle even the most severe cases toward successful resolution.
Hodson & Mullin has been a trusted presence in Solano County for more than a quarter century. Our firm prides itself on its commitment to staying abreast of recent changes and current developments in the law through extensive continuing legal education, to ensure every client has excellent, highly capable representation. Most of our Workers Compensation and Social Security Disability staff members are Spanish-speaking, and most of our business is the result of referrals from former clients. Put our experience to work for you.
Social Security Disability and California Workers’ Compensation laws are very complex and easily confusing, and frequent changes in the law can make navigating through the claims processes even more difficult. At Hodson & Mullin, our clients are informed of their legal rights regardless of whether they have suffered an industrial injury in California, are seeking disability benefits through the Social Security Administration, or both.
While adjusters work for insurance companies, Hodson & Mullin works for you! – our injured and disabled clients. We ensure you know the rights and benefits applicable to your case, such as medical treatment for job-related injuries or illnesses, physical therapy, lifetime medical care options, vocational rehabilitation, temporary and permanent disability payments, death benefits and settlements, depending on the extent of the injury and other factors.
Make no mistake – the Workers Compensation and Social Security Disability processes can be agonizingly slow, as can the course of medical treatment. Hodson & Mullin’s attorneys and staff advocate zealously on each clients’ behalf with Workers’ Compensation insurance carriers, and if necessary, before the Workers’ Compensation Appeals Board. In some cases, Hodson & Mullin also pursue personal injury or other third party cases on behalf of injured Workers’ Compensation clients. We have a track record of integrity in helping our clients get the best settlement they are able to under the law. Hodson & Mullin is Solano County’s largest and busiest Workers Compensation and Social Security Disability firm. Our attorneys and staff have the knowledge and expertise to handle even the most severe cases toward successful resolution.
Hodson & Mullin has been a trusted presence in Solano County for more than a quarter century. Our firm prides itself on its commitment to staying abreast of recent changes and current developments in the law through extensive continuing legal education, to ensure every client has excellent, highly capable representation. Most of our Workers Compensation and Social Security Disability staff members are Spanish-speaking, and most of our business is the result of referrals from former clients. Put our experience to work for you.
Friday, April 12, 2019
Dealing with Controlling Stepparents| How to Prepare for Mediation
In this live session family law attorney Wendy Hernandez talks about controlling stepparents, how to prepare for divorce or custody mediation
Tuesday, April 9, 2019
What Is A Divorce By Mutual Consent?
When you have a divorce by mutual consent it means that you and the other party are in perfect agreement with how your case is going to be resolved. In other words, you and the other party have no disputes on how children are going to be settled with custody and parenting time with your kids.
Saturday, April 6, 2019
That Call Is Not From Social Security — Learn About The Latest Scam
National Consumer Protection Week 2019 — We spread the word about how fraudsters go to great lengths to trick you out of your personal information or money. Don’t fall for it! Learn how you can protect yourself. See how fraudsters pretend to be from Social Security, the IRS, or another government agency so they can scam you and cause you financial harm.
Wednesday, April 3, 2019
DISCLOSE EARLY and OFTEN in Your Divorce or Custody Case
Remember, whatever side you're on, you have a duty to DISCLOSE the information you intend to use in support of your case. If you're appearing for a child support case, you have to disclose income info, insurance info, daycare info, etc. If you are fighting a child custody or parenting time case, you have to think about the information that will support your claims, gather the documentation and provide it to the other side.
Sunday, March 31, 2019
Thursday, March 28, 2019
How To Start The Divorce Process
In today's video, I'm going to talk to you about how to start the divorce process and how to file a petition for dissolution of marriage.
Monday, March 25, 2019
Part 7: End of a Claim
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved. For more information, visit http://ow.ly/JAdX50lfJIJ call 1-800-772-1213, or TTY 1-800-325-0778.
Friday, March 22, 2019
Part 6: The Appeals Council
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved. For more information, visit http://ow.ly/JAdX50lfJIJ, call 1-800-772-1213, or TTY 1-800-325-0778.
Tuesday, March 19, 2019
Part 5: Appeals
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved. For more information, visit http://ow.ly/JAdX50lfJIJ, call 1-800-772-1213, or TTY 1-800-325-0778.
Saturday, March 16, 2019
Part 4: Quality Review
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved. For more information, visit http://ow.ly/JAdX50lfJIJ, call 1-800-772-1213, or TTY 1-800-325-0778.
Wednesday, March 13, 2019
Part 3: Medical Evidence
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved. For more information, visit http://ow.ly/JAdX50lfJIJ call 1-800-772-1213, or TTY 1-800-325-0778.
Sunday, March 10, 2019
Part 2: Filing A Disability Claim
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved. For more information, visit http://ow.ly/JAdX50lfJIJ, call 1-800-772-1213, or TTY 1-800-325-0778.
Thursday, March 7, 2019
Part 1: Introduction To The Disability Process
This video series explains the Social Security Administration disability insurance claims process. It also describes the roles of the different components involved. For more information, visit http://ow.ly/JAdX50lfJIJ, call 1-800-772-1213, or TTY 1-800-325-0778.”
Monday, March 4, 2019
Common Questions When Considering A Social Security Disability Attorney
For those who have a case involving disability, it may become necessary to hire a Social Security disability attorney. There are a variety of benefits that come with utilizing legal assistance in these cases, and the fees are fairly reasonable. In fact, many lawyers will not charge if a case is lost. Clients and potential clients often have many questions when it comes to hiring a lawyer.
When Is a Social Security Disability Attorney Necessary?
One of the most common reasons for hiring a lawyer for these instances is to improve the likelihood of receiving approval for benefits. While some people are able to have a positive outcome without assistance, those with legal counsel almost always have a better chance of winning a disability case than those who do not.
While these attorneys are most commonly sought out after an initial denial, they can be very helpful at the application stage. In fact, their knowledge and expertise during the application stage may often result in an approval in one application period. On the application, the Social Security disability attorney can help argue that an individual's condition meets the required list of impairments or provide advice on an alleged onset date of disability. During hearings or appeals, he or she can assist in collecting relevant medical evidence, such as doctor's opinions, and preparations for any questions that may come from the judge. They can also assist with finding individuals to testify on behalf of the client.
When Should a Lawyer Be Called?
A Social Security disability attorney can be called at any point during the process, but it is best to call one as early on as possible. For those who may be on the fence on whether or not legal counsel is necessary, it is often beneficial to call, as many will provide a free consultation. He or she will be able to examine a case to determine the strength of the case and provide assistance with the application.
Another consideration to think about is final attorney fees. Those who are approved for benefits at the first try will owe smaller fees since there will be no back benefits owed to the client once the benefits are finally approved.
Hiring an attorney after an initial denial can greatly increase the chance of a positive outcome on the second application, and it is also possible to have the case moved through the process more quickly. This is often the case for terminal medical conditions or for extremely dire financial circumstances. However, this tends to be rare, as many must wait for several months before a case is resolved.
For those who are still on the fence about hiring a Social Security disability attorney, there is an instance in which it may not be helpful. For those who have submitted an initial application and are awaiting word, there is no need to get a lawyer yet as there is no point in paying a commission of past-due benefits unless there is a denial in coverage. However, in many other situations, having representation can be incredibly helpful.
Article Source: http://EzineArticles.com/9271845
Friday, March 1, 2019
What Does Disability Mean to Social Security?
Disability May Not Mean What You Think It Means
The word "disability" has a very specific legal meaning under the Social Security laws. To the average person, this can be confusing because Social Security's definition may be different than the definition of disability under other disability laws and programs, such as worker's compensation, temporary disability programs, long term disability insurance, special education programs, the Americans with Disabilities Act ("ADA"), the Department of Veteran Affairs, or the Division of Motor Vehicles definition when you obtain a handicapped plate. In fact, what your treating doctor or therapist thinks is a disability may not be the same as Social Security's definition.
In other words, even if you are considered disabled by another government agency, insurance program or medical professional, this does not always mean you are disabled for Social Security benefits. If you are considering applying for disability benefits, you should not be discouraged by this information though because the fact that you were found disabled under some other program or by your own doctor may still be useful as partial evidence of your disability.
There are also non-medical and financial eligibility requirements for Social Security Disability Insurance (commonly referred to as "SSDI", "SSD", "Disability Insurance Benefits", or "DIB") and Supplemental Security Income (commonly referred to as "SSI") benefits. The requirements are detailed and are beyond the scope of this article. This article is specifically only meant to address the medical eligibility requirements.
The Less Legal Explanation of Disability
Generally, Social Security will consider you disabled for both SSDI and SSI benefits if you meet all of the following criteria:
- you are not working or you are working but your earnings are limited (the earnings limit is set by the Social Security Administration, and for 2011, the limit is $1,640 if you are blind and $1,000 if you are not blind);
- you have severe medical conditions that are expected to last for 12 months or more, or are expected to result in death;
- your severe medical conditions significantly interfere with your ability to work;
- you can not perform the jobs you used to have; and
- you can not learn how to perform other less physical jobs, even if you never had any other jobs in your life (for example, even if you never worked in an office before, if Social Security thinks you are able to meet the physical requirements of a file clerk and they think you can be retrained to work in an office, then you will not be considered disabled.).
You generally have to meet all of the criteria listed in order to be found disability. However, depending on the type of medical condition you have and its severity, you may be eligible for disability benefits even if you have the skills to perform certain types of jobs as long as your earnings are limited.
Rules-of-Thumb
Below are some rules-of-thumb that may help make Social Security's definition of disability more meaningful to you.
Scenarios where you may be found disabled
You may be found disabled based on having only one medical condition or on the combined effect of multiple medical conditions.
You may be found disabled based on having a physical and/or psychiatric medical condition.
You may be found disabled even if you have a poorly understood medical condition, such as fibromyalgia, migraines, or chronic fatigue syndrome. However, in these cases, there is probably a higher chance of being denied on the initial application, but with the right evidence, you may still be able to be found disabled on an appeal.
You may be found disabled, even if your medical conditions do not prevent you from working, but the treatments to control your medical conditions prevent you from working. Treatments like radiation therapy or chemotherapy with debilitating side effects, surgery with a very long rehabilitation time, pain medications that cause drowsiness or difficulty concentrating, or treatments that require regular overnight hospitalizations can all be considered by Social Security to find you disabled.
Scenarios where you probably will not be found disabled
You probably will not be found disabled, if your medical condition(s) will prevent you from working for less than 12 months. This is because Social Security disability was designed to cover only long term or permanent disabilities.
You probably will not be found disabled, if your medical conditions are under control with treatment and your treatments do not cause side effects that would prevent you from working. The Social Security system is concerned with the severity and frequency of the limitations caused by your medical conditions and treatments, not just having a medical condition, so if you are still able to work with proper treatment, you are not disabled.
You probably will not be found disabled, if you are able to work but you are having a hard time finding a job because of high unemployment. This is because Social Security was not meant to be a substitute for the unemployment insurance system. However, if you have significant impairments caused by severe medical conditions and you or your doctors are not sure if you are able to work, you may want to file an application for disability benefits or have your case evaluated by a Social Security disability lawyer.
Facts that are commonly (but incorrectly) thought to automatically prove disability
You are not automatically disabled if your medical conditions limit you to work that will pay less than your old job, even if your disability benefits would be higher than what you could earn in a lower paying job. When the Social Security Disability Insurance laws were first enacted in 1956, a fundamental concept was that a disability should be "totally" disabling. If you are still able to earn some money and it is over the earnings limit, then you would not be totally disabled. However, this analysis can be complicated and other factors, such as your age, past work experience and education, could still lead to an award of disability benefits.
You are not automatically disabled if you can not obtain health insurance. Unfortunately, the laws did not include the availability of health insurance as a factor to consider when Social Security makes a disability determination.
You are not automatically disabled if your medical conditions prevent you from driving. Under current interpretations of the law, the ability to drive may be considered as a factor when evaluating your case, but the inability to drive is not absolute proof of disability because there is typically a presumption that if you are still able to walk to work or to use public transportation, you are able to make it to work. However, why you are unable to drive is something Social Security will consider when evaluating how severe your limitations are
Although this is not a strict legal interpretation of Social Security's definition of disability, hopefully, this will give you a general idea about what Social Security is looking for.
Article Source: http://EzineArticles.com/5542219
Wednesday, February 27, 2019
How To Help Children Cope With A Divorce
When helping children cope with a divorce, it is important that there is consistency, predictability, and so-forth in their lives. Help your kids cope with a divorce with the guidance of a licensed psychologist in this free video on parenting skills.
Sunday, February 24, 2019
Thursday, February 21, 2019
Divorce: So Many Unanswered Questions
When you are in the middle of separation or divorce, the list of unanswered questions is seemingly endless.
Monday, February 18, 2019
SSA PHONE SCAM ALERT 2019
Protecting your information is an important part of Social Security’s mission to help you secure today and tomorrow. You work hard and make a conscious effort to save and plan for retirement. Unfortunately, frauds and scams are a part of doing business online. Scammers try to stay a step ahead of the curve, but our robust cyber-security programs help us protect the information and resources entrusted to us. Despite our advanced tactics to thwart them, we can’t do it alone. Watch the following video and learn how you can help us protect your information.
Friday, February 15, 2019
Divorce Lawyers Give Relationship Advice | Glamour
It's estimated that about half of marriages end in divorce. Why are so many people getting divorced, and how can you prevent splitting up with your spouse? We asked four divorce lawyers what they've learned in their practice on how to keep your marriage alive.
Tuesday, February 12, 2019
Can Both Parties Get What They Want in a Custody Battle?
Often in custody battles each party thinks it’s either my way or the highway. In a recent case where my client was the father, we learned that maybe there is room for both.
Saturday, February 9, 2019
Top 8 Ways to Get Approved for Social Security Disability
Social Security does not make it easy to win disability benefits. Approval rates at hearings have dropped from around 60% just a few years ago to around 40% today. In some hearing offices, judges approve even lower percentages. Delays are increasing and many in Congress believe, incorrectly, that Social Security disability is riddled with fraud.
Wednesday, February 6, 2019
About Us
Hodson & Mullin has been a preeminent Family Law, Workers’ Compensation, and Social Security Disability firm in Solano County for more than 25 years, and has been recognized as Law Firm of the Year by the Solano County Bar Association and readers of the Vacaville Reporter. The State Bar of California Board of Legal Specialization has designated our principals as Certified Specialists in Family Law and Workers’ Compensation Law. Both partners are perennially named among Northern California’s Super Lawyers.
Ours is the only AV-Preeminent rated Family Law/Workers’ Compensation Law Firm in Solano County, rated by the Martindale-Hubbell and FindLaw ™ directory.
We offer our clients professional legal representation and services in Workers’ Compensation, Social Security Disability, Family Law, and selected Personal Injury and Civil cases. Our staff of attorneys, and our friendly paralegals, legal assistants, and administrative assistants all work hard to ensure the best results for our clients in and out of the courtroom.
We are able to negotiate settlements in the vast majority of our cases, but when litigation is necessary, our principals and associates have the trial experience and level of expertise necessary for effective representation in court. We are one of the few law firms in the North Bay area with Certified Specialists whose staff provides services to Spanish-speaking clients, and with three retired military officers among our lawyers, our own personal military service uniquely positions us to assist military clients.
The Hodson & Mullin firm’s mission is to put clients first, with the goal of minimizing the stress of resolving legal matters. Put our expertise to work for you.
Sunday, February 3, 2019
How Do I Make Him Show Me Respect? Leslie Vernick
Having trouble getting your ex to speak to you kindly? DivorceCare expert Leslie Vernick suggests establishing healthy boundaries instead of demanding respect.
Thursday, January 31, 2019
Monday, January 28, 2019
Divorce: When The Advice Isn't Helpful
When you are going through a separation or divorce, the advice will come from all directions. This video from DivorceCare will help you begin the process of filtering through all the noise and show you where you can find some answers.
Friday, January 25, 2019
Taking Personal Responsibility in Your Custody Case
In 2019 I'm going to be sprinkling some videos in my regular lineup that are designed to be more motivational and inspirational. I know how difficult it is as you are going through a custody case and it's really easy to get pulled down by the heaviness and emotions of it.
Tuesday, January 22, 2019
How To Help Your Divorced Friends
Not sure how to help your divorced friends? Find out how helping them find a DivorceCare group can benefit them.
Saturday, January 19, 2019
Wednesday, January 16, 2019
Tip About Reading Your Minutes from Your Child Custody Court Hearing
I want to give you a tip about reading your minutes from child custody court hearing very carefully.
Sunday, January 13, 2019
Surviving Financially During Divorce: Dave Ramsey | DivorceCare
Should you keep or sell your house during a divorce? In this video, DivorceCare expert Dave Ramsey answers that question and outlines other common money mistakes that you might encounter in divorce.
Thursday, January 10, 2019
Monday, January 7, 2019
Bring ALL of Your Child Custody Trial Evidence & Witnesses to Court!
It is imperative that you bring all of your evidence & your witnesses to court when your custody trial begins.
Friday, January 4, 2019
California Workers' Compensation - Temporary Total Disability (TTD)
California Workers' Compensation - Temporary Total Disability (TTD)
Tuesday, January 1, 2019
Can a Temporary Custody Order Turn Into a Permanent Custody Order?
A question I get asked quite a bit from my clients and my potential clients is whether or not a temporary custody order can turn into a permanent custody order. The short answer is yes it can.
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